In a recent ruling, the Madras High Court emphasised that the mere act of consuming alcohol during the day is not an offence, and individuals involved in motor accidents cannot be deemed guilty without assessing the percentage of alcohol in their blood.
Justice N. Anand Venkatesh, in an order dated April 16, enhanced the compensation awarded to a resident of Perambalur district, Tamil Nadu, who was involved in a road accident in 2016.
The Motor Accidents Claims Tribunal (MACT) in Perambalur had initially granted over ₹3 lakh in compensation to the petitioner, Ramesh. However, the tribunal deducted 50 percent of the compensation amount, citing 'contributory negligence,' as a doctor who examined Ramesh after the accident reported smelling alcohol on his breath.
The MACT also suggested that Ramesh's alcohol consumption may have caused him to fail to maintain a safe distance from the lorry in front, which was believed to be the primary cause of the accident. Justice Venkatesh questioned this reasoning, asserting that the state takes responsibility for the consequences of alcohol consumption since it is the sole provider of alcohol through IMFL shops.
The judge reinstated Ramesh's compensation to ₹3,53,904, emphasising that consuming alcohol itself is not an offence. He further highlighted that roads in Tamil Nadu often experience heavy traffic, making it challenging for vehicles to maintain a safe distance.
Before concluding the matter, Justice Venkatesh directed the Tamil Nadu government to mandate all doctors, both in private and state-run hospitals, to determine the exact percentage of alcohol in the blood of individuals involved in road accidents, rather than merely noting the smell of alcohol on their breath.
"This determination is crucial to ascertain whether the person consumed alcohol within limits or exceeded them, affecting their control over the vehicle," the court stated.
Advocate Sithi Fathima Samt and C. Vidhusan represented Ramesh, while advocate I. Malar appeared for the respondent insurance company.
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